Robert Kennedy Jr. can sue the Biden administration for allegedly censoring social media posts for the Children’s Health Defense charity, which questions the safety of vaccines, a federal court ruled Tuesday.
“The Court finds that Kennedy is likely to succeed on his claim that suppression of content posted was caused by actions of Government Defendants, and there is a substantial risk that he will suffer similar injury in the near future,” US District Judge Terry Doughty of Lousiana wrote in a 20-page decision.
The ruling indicates there is evidence to support Kennedy’s claim that the government pressured big tech companies like Facebook, Instagram and YouTube to suppress content shared by his charity, the Children’s Health Defense (CHD).
The Kennedy v. Biden lawsuit claimed posts expressing CHD’s skepticism on the effectiveness of COVID-19 vaccine mandates and lockdowns were specifically targeted as part of a broader effort by the government to combat what it labeled “misinformation,” Doughty wrote.
The CHD, which was founded by Kennedy, says its mission is “ending childhood health epidemics by eliminating toxic exposure” — earning a reputation by critics of being “anti-vaccine.”
Kim Mack Rosenberg, CHD’s general counsel, applauded the ruling as the “correct conclusion with respect to standing for CHD and Mr. Kennedy.”
“Judge Terry Doughty carefully and clearly analyzed the law and facts and applied the framework from the U.S. Supreme Court’s recent decision in Murthy v. Missouri regarding standing,” Rosenberg said in a statement.
In the Murthy v. Missouri case, the US Supreme Court struck down a similar injunction for failing to tie censorship directly to the federal government.
The lawsuit filed by the Republican state attorneys general of Missouri and Louisiana accused the Biden administration of leaning on Big Tech to remove postings that didn’t jibe with the government narrative of the pandemic and other controversial topics.
Now, Kennedy’s lawsuit will move back to the 5th District where Doughty’s preliminary injunction against the Biden administration will be reviewed.
